Maliyah : Jurnal Hukum Bisnis Islam http://jurnalfsh.uinsby.ac.id/index.php/maliyah <p>Jurnal yang terbit dua kali setahun ini, bulan Juni dan Desember, berisi kajian-kajian hukum ekonomi dan bisnis Islam, baik berupa artikel konsepsional ataupun hasil penelitian. p-ISSN : 2088-4869</p> <p><strong>Alamat Penyunting dan Tata Usaha: </strong>Program Studi Hukum Ekonomi Syariah (Muamalah) Fakultas Syari'ah dan Hukum UIN Sunan Ampel Surabaya Jl. Jend. A. Yani 117 Surabaya, Telp. 031-8417418, Fax. 031-8418457, Email: <strong>maliyah@uinsby.ac.id</strong></p> en-US suns_76@yahoo.com (Sanuri) faza.veiro@gmail.com (Moh. Faizur Rohman) Sun, 31 Dec 2017 00:00:00 +0000 OJS 3.1.2.4 http://blogs.law.harvard.edu/tech/rss 60 HIBAH PERSPEKTIF FIKIH, KHI DAN KHES http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/624 <p>Both fikih, KHI and KHES have their respective concepts of hibah, although it can not be denied that fikih is made the earliest reference by others. In this case, the concept of grant is described in more detail in fikih and KHES than in KHI. Whereas when compared, all three have similarities and differences. In terms of understanding, the three equally interpret the hibah as a gift of property to others without reward. In terms of rukun, both KHI and KHES closer to the opinion of jumhur ulama, with additional witness in KHI and <em>qabd</em> in KHES. In terms of syarat, there are restrictions on the age of the grantor in KHI and KHES. In addition, KHES also justifies iqrar in writing, gestures or actions other than speech. In terms of hibah revocation, all three share similar conditions that allow and prohibit it. On the other hand, fikih explains the legal basis of the hibah and the lesson, KHI describes the implementation of hibah of WNI and KHES explains several ways of hibah.</p> Zakiyatul Ulya Copyright (c) 2017 MALIYAH http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/624 Mon, 19 Mar 2018 00:00:00 +0000 ANALISIS HUKUM ISLAM TERHADAP JUAL BELI PATUNG http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/627 <p>This paper discusses about the analysis of Islamic law on the perceptions of scholars (ulama) of Mojokerto about buying and selling statues in Trowulan Mojoketo regency. The author will describe the perceptions of &nbsp;Mojokerto Ulama' agains the practice of buying and selling statues in Trowulan Mojokerto regency then analyze it with Islamic law. The results of this study concluded that according to the perception of the ulama' Jurisprudence, buying and selling statues is haram. The scholars' argued that the practice of buying and selling sculpture has no benefit whatsoever to be traded, even that leads to <em>mad}</em><em>a&gt;rah</em> and <em>syirk</em>, because the object of buying and selling mostly to be made for a worship. Research in the field gets the perception of Mojokerto' Ulama about buying and selling the statue allowed to be viewed with <em>maslahah mursalah</em> with reason “Hajat (requirement) occupies emergency position, both of general intent (all people) or even special intent (one group or individual)" . Sale and purchase statues included in the intent level. The profession is to meet their needs and their families. Otherwise, they will fall into a dangerous state (hunger). Islam permits the profession as a sculptor for the reason <em>hajah daruriyyah.</em></p> Ari Mafrudi Copyright (c) 2017 MALIYAH http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/627 Sun, 31 Dec 2017 00:00:00 +0000 MUSYAWARAH PERSPEKTIF FILSAFAT EKONOMI ISLAM http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/628 <p>This paper is an explorative literature study. The author explores the value of <em>mushawarah</em> directed to Islamic economics. Islam is very high attention to <em>mushawarah</em>. Even in the Qur'an there is a verse that commands deliberations for all matters so that the sura is called surah <em>al-syura</em> (<em>mushawarah</em>). The author wants to see the position of deliberation from the point of view of philosophy, both from the side of ontology, epistemology, and axiology. The study of <em>mushawarah</em> on the ontological side can be presented by presenting various Qur'anic and Hadith texts related to <em>musyawarah</em>. Assessing <em>mushawarah</em> at the epistemology level means connecting the concept of deliberation into one of the sciences. The author tries to pull it into the economic discussion. While in the level of axiology is the study of <em>mushawarah</em> applied in economic activities, namely, review of the contract on the practical level.</p> Atok Syihabuddin Copyright (c) 2017 MALIYAH http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/628 Tue, 17 Apr 2018 00:00:00 +0000 ANALISIS HUKUM ISLAM TERHADAP PENERAPAN TARIF SURGE PRICING PADA SEWA TAKSI ONLINE UBER DI WILAYAH SURABAYA http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/629 <p>This research data collected through observation and interview then analyzed by using qualitative description method. This study uses a deductive mindset, which begins by presenting common notions, theories, or facts, namely the provisions of Islamic law concerning Ijarah and Upah in Islamic law which are further described from the fact that there is in the field the practice of applying surge pricing tariff on Uber's online taxi rental in Surabaya area, then researched and analyzed. The result of the research concludes that the application of surge pricing tariff applied by Uber during the rush hour using the principle of supply and demand economy, where if demand is high while inventory is insufficient then the cost of automatic travel increases. In the application of travel costs will increase between 1.1x - 5.5x fold. This happens suddenly and makes passengers pay a higher cost than regular travel, and this also only happens in certain areas and only takes a few minutes or hours. In Islamic law this application is actually permissible, but must be applied fairly, clearly, transparently and see the willingness of passengers with drivers. Uber also enforces the standard agreement contained in the uber manual which explains little about this surge pricing tariff, so with this standard agreement Uber is correct in applying the surge pricing tariff.</p> Febriani Rokhmawati Copyright (c) 2017 MALIYAH http://jurnalfsh.uinsby.ac.id/index.php/maliyah/article/view/629 Tue, 17 Apr 2018 00:00:00 +0000